Thank you for visiting this Site, which is owned and operated by notenitey. These Terms of Use govern your use of this Site. Capitalized terms are defined below. The terms “notenitey,” “we,” “us,” and “our” refer to notenitey.
Your Acceptance of These Terms of Use
These Terms of Use apply to all users of this Site, whether or not you are a registered member. By using this Site you are agreeing to comply with and be bound by these Terms of Use. If you do not agree to these Terms of Use, you may not access or use this Site.
Your Acceptance of Our Privacy Policy
By agreeing to these Terms of Use, you agree to the terms of our Privacy Policy and to our Site/Forum Rules, which is expressly incorporated herein. Before using this Site, please carefully review our Privacy Policy. All personal information provided to us as a result of your use of this Site will be handled in accordance with our Privacy Policy. To the extent there are inconsistencies between these Terms of Use and our Privacy Policy, these Terms of Use control.
Your Consent to Other Agreements
When you use a special feature of this Site, you may be asked to agree to special or additional terms governing your use of the special feature. This type of agreement is known as a “click-through” agreement. If any of the terms of the click-through agreement are different than the terms of these Terms of Use, the terms of the click-through agreement will supplement or amend these Terms of Use, but only with respect to the matters governed by the “click-through agreement.”
Ownership of this Site and its Content
This Site, including all its Content are protected under applicable intellectual property and other laws, including without limitation the laws of the United States and other countries. All Content and intellectual property rights therein are the property of notenitey or notenitey’s partners and is protected pursuant to applicable copyright and trademark laws.
The presence of any Content on this Site does not constitute a waiver of any right in such Content. You do not acquire ownership rights to any such Content viewed through this Site. Except as otherwise provided herein, none of this Content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.
Permission is hereby granted to the extent necessary to lawfully access and use this Site and to display, download, or print portions of this Site on a temporary basis and for your personal, educational, noncommercial use only, provided that you (i) do not modify the Content; (ii) you retain any and all copyright and other proprietary notices contained in the Content; and (iii) you do not copy or post the Content on any network computer or broadcast the Content in any media. All rights in and to the Site and Content not expressly granted are hereby reserved by notenitey.
Responsibility for User-Generated Content Posted on or Through this Site
You are responsible for User-Generated Content that you post. Under no circumstances will we be liable in any way for any UGC.
This means that you, not notenitey, are entirely responsible for all UGC that you post and that you can be held personally liable for comments that are defamatory, obscene, or libelous, or that violate these Terms of Use, an obligation of confidentiality, or the rights of others. If any part of the UGC you post is not your original work, it is your responsibility to obtain any necessary permission to post it.
Because we do not control the UGC posted on or through this Site, we cannot and do not warrant or guarantee the truthfulness, integrity, suitability, or quality of that UGC. You also agree and understand that by accessing this Site, you may encounter UGC that you may consider to be objectionable. We have no responsibility for any UGC, including without limitation any errors or omissions therein. We are not liable for any loss or damage of any kind you may claim was incurred as a result of the use of any UGC posted, emailed, transmitted or otherwise made available on or through this Site. The UGC posted on or through this Site expresses the personal opinions of the individuals who posted it and does not necessarily reflect the views of notenitey or any person or entity associated with notenitey.
You own Your User-Generated Content, but we may use it. You own the copyright in any original UGC you post. We do not claim any copyrights in UGC. However, by using this Site you are granting us and our subsidiaries, affiliates, successors and assigns, a nonexclusive, fully paid, worldwide, perpetual, irrevocable, royalty-free, transferable license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, distribute, publicly display and perform, publish, transmit, remove, retain repurpose, and commercialize UGC you post in any and all media or form of communication whether now existing or hereafter developed, without obtaining additional consent, without restriction, notification, or attribution, and without compensating you in any way, and to authorize others to do the same. For this reason, we ask that you not post any UGC that you do not wish to license to us, including any photographs, videos, confidential information, or product ideas.
We may disclose and/or remove User-Generated Content. notenitey has certain rights. We have the right (but do not assume the obligation) to:
monitor all UGC
require that you avoid certain subjects
remove or block any UGC at any time without notice at our sole and absolute discretion
disclose any UGC and the identity of the user who posted it in response to a subpoena or whenever we believe that disclosure is appropriate to comply with the law or a court order, to prevent or investigate a possible crime or other violation of law, to protect the rights of notenitey or others, or to enforce these Terms of Use; and
terminate your access to and use of this Site, or to modify, edit or block your transmissions thereto, for any reason and in our sole discretion.
You agree that our exercise of such discretion shall not render us the owners of UGC you post, and that you will retain ownership thereof as described above.
Restrictions on User-Generated Content. It is a condition of these Terms of Use that you do not:
upload, post, transmit or otherwise make available;
any UGC that is unlawful, harmful, hateful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, pornographic, profane, racially disparaging, indecent, or invasive of another’s privacy;
any UGC that constitutes or encourages activity illegal under criminal or civil law;
any UGC that is false, misleading, or fraudulent;
any UGC that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
any UGC that violates or infringes upon the rights of others, including UGC which violates the patent rights, copyrights, trademark rights, privacy rights, publicity rights, trade secret rights, confidentiality rights, contract rights, or any other rights of any individual, living or deceased, or any legal entity;
any UGC that contains the image, name or likeness of anyone other than yourself, unless (i) that person is at least eighteen years old and you have first obtained his/her express permission or (ii) that person is under eighteen years old but you are his/her parent or legal guardian;
any request for or solicitation of any personal or private information from any individual to the extent such request is not consistent with the networking goals of this Site;
any request for or solicitation of money, goods, or services for private gain, except that such requests/solicitation are permitted at https://www.notenitey.com/forums/517-classifieds;
any UGC that contains advertising, promotions or marketing, or which otherwise has a commercial purpose, except for those portions or features of the Site that expressly intend to allow advertising, promoting, or marketing Your services, products or business.;
any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; or
violate any local, state, national or international law, rule or regulation.
By posting User-Generated Content, you represent and warrant that (i) you own or otherwise control all of the rights to the UGC and have the right to grant the license set forth in these Terms of Use; (ii) the UGC is accurate, and (iii) you have read and understood—and your UGC fully complies with—these Terms of Use and applicable laws and will not cause injury to any person or entity.
Removal of Content
In general. You can seek removal of objectionable UGC, and lodge complaints against particular users, by contacting us at https://www.notenitey.com/contact-us. We will endeavor to review such requests and to remove UGC and users that we determine should be removed, in our sole discretion and in accordance with these Terms of Use and applicable law. However, by providing a mechanism for the submission of complaints, we make no promises that we will review all such complaints or that we will take any action in response to such complaints. Please be aware, however, that if the UGC has already been distributed to other websites or published in other media, we will not be able to recapture and delete it. Also, a back-up or residual copy of the UGC we remove from this Site may remain on back-up servers.
Violation of copyrights. notenitey does not knowingly violate or permit others to violate the copyrights of others. We will promptly remove or disable access to material that we know is infringing or if we become aware of circumstances from which infringing activity is apparent.
If you are requesting removal of content because of a violation of your copyrights, please note that the Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your own work, or the work of a third party for whom you are authorized to act, is featured on this Site or has been otherwise copied and made available on this Site in a manner that constitute copyright infringement, please notify us immediately. Your notice must be in writing and must include:
an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on this Site (including the URL, title and/or item number if applicable, or other identifying characteristics);
your name, address, telephone number, and email address, and, if you are not the owner of the copyright, the name of the owner; and
a written statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident.
This Site gives you specific legal rights and you may also have other rights which vary from country to country. Some jurisdictions do not allow certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms of Use may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out in these Terms of Use shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.
Modification, Discontinuation, and Termination
We reserve the right at any time and from time-to-time to modify, edit, delete, suspend or discontinue, temporarily or permanently this Site (or any portion thereof) and/or the information, materials, products and/or services available through this Site (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Site.
You also agree that notenitey, in its sole discretion, may terminate your password, account (or any part thereof), or use of this Site for any reason, including, without limitation, for lack of use or if notenitey believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. You agree that any termination of your access to this Site under any provision of these Terms of Use may be effected without prior notice, and acknowledge and agree that notenitey may immediately deactivate or delete your account and all related information in your account and/or bar any further access to this Site. Further, you agree that notenitey shall not be liable to you or any third-party for any termination of your access to this Site.
Waiver
Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by notenitey of any breach of any provision of these Terms of Use or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.
These Terms of Use May Change
These Terms of Use are current as of the effective date set forth above. notenitey reserves the right to change these Terms of Use from time to time consistent with applicable laws. These changes will be effective as of the date we post the revised version on this Site. Your continued use of this Site after we have posted the revised Terms of Use constitutes your agreement to be bound by the revised Terms of Use. If at any time you choose not to accept these Terms of Use, you should not use this Site.
Entire Agreement
These Terms of Use (together with our Privacy Policy and any Privacy Notices or click-through agreements applicable to you) contain the entire understanding and agreement between you and notenitey with respect to this Site and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, between you and notenitey with respect to this Site and your use of this Site.
Questions
If you have any questions about this Site or these Terms of Use, please contact us via email at [email protected].